Bill C-248

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First Reading

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-248
	An Act to amend the Controlled Drugs and Substances Act (trafficking in a controlled drug or substance within five hundred metres of an elementary school or a high school)
1996, c. 19	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 5 of the Controlled Drugs and Substances Act* is amended by adding the following after subsection (6):**
Trafficking in a substance included in Schedule I or II, within five hundred metres of an elementary school or a high school	(7) Subject to subsection (10), every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule I or II or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
	(a) for a first offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of one year; and
	(b) for a subsequent offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of two years.
Trafficking in a substance included in Schedule III, within five hundred metres of an elementary school or a high school	(8) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule III or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
	(a) for a first offence, to imprisonment for a term not exceeding ten years and not less than one year; and
	(b) for a subsequent offence, to imprisonment for a term not exceeding ten years and not less than two years.
Trafficking in a substance included in Schedule IV, within five hundred metres of an elementary school or a high school	(9) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule IV or in any substance represented or held out by that person to be such a substance is guilty of an indictable offence and liable
	(a) for a first offence, to imprisonment for a term not exceeding three years and not less than one year; and
	(b) for a subsequent offence, to imprisonment for a term not exceeding ten years and not less than two years.
Trafficking in a substance included in Schedules II and VII, within five hundred metres of an elementary school or a high school	(10) Every person who, within five hundred metres of an elementary school or a high school, traffics in a substance included in Schedule II in an amount that does not exceed the amount set out for that substance in Schedule VII or in any substance represented or held out by that person to be a substance included in Schedules II and VII, where the amount does not exceed the amount set out for that substance in Schedule VII, is guilty of an indictable offence and liable
	(a) for a first offence, to imprisonment for a term not exceeding five years less a day and not less than one year; and
	(b) for a subsequent offence, to imprisonment for a term not exceeding five years less a day and not less than two years.
Interpreta- tion	(11) For the purposes of subsection (7), (8), (9) or (10), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Interpreta- tion	(12) For the purposes of subsection (10), the amount of the substance means the entire amount of any mixture or substance, or the whole of any plant, that contains a detectable amount of the substance.

Bill C-248

BILL C-248